940 CA NO. 14790 OF 2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 14790 OF 2023 IN FAST/27098/2023 Rameshwar Ramdayalji Kalani (deceased) Thr Lrs. Vinod Rameshwar Kalani And Ors VERSUS Govindprasad Balaprasad Kalani And Ors ... Mr. Barlinge Sudhir Raghunath, Malpani Mohit R. For Appellants, Advocate for Applicant Mr. H. G. Panchal, Advocate for Respondent No.2 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 18.03.2026 PER COURT :- 1. Heard. 2. This is an application for condonation of delay of 5893 days caused in filing the first appeal. 3. Learned advocate for the applicant submitted that the applicant was injured and sustained permanent disability to the extent of 30%. He contended that the learned Tribunal awarded a meager amount of compensation. However, the applicant could not immediately approach the advocate on account of ill health and thereafter had to make arrangements for expenses, which was also difficult considering the permanent disability suffered by him. 1 of 3 (( 2 )) 940 CA NO. 14790 OF 2023 He further submitted that after the case papers were handed over to his advocate, there was a shifting of the lawyer’s office, and during such shifting, the applicant’s file was misplaced and could not be traced for a considerable period. On this account also, there was a delay in filing the appeal. He prayed to condone the delay, as it is not deliberately caused. 4. The learned Advocate for respondent No.2 strongly opposed the application and submitted that there is no sufficient reason to condone the delay. He therefore prayed to reject the application. 5. On perusal of the application, it appears that the file was misssing and therefore, the appeal could not be preferred within the period of limitation. The applicant is an old aged person and his legal rights ought to be decided on merits. Therefore, considering the law laid down by the Hon’ble Supreme Court in Civil Appeal No.8331- 8345 of 2022 in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal heir & Anr. decided on 17.11.2022, and the fact that the delay is not deliberately caused, the application deserves to be allowed in the interest of justice. Hence, the following order: 2 of 3 (( 3 )) 940 CA NO. 14790 OF 2023 ::ORDER:: a. Civil Application is allowed. b. The delay of 5893 days caused in filing the first appeal is condoned, subject to payment of costs of Rs.2,000/- to be deposited with the office of the High Court Legal Services Sub-Committee, Aurangabad, on or before 10.04.2026. c. The application is disposed of. FIRST APPEAL 1. Upon deposting the costs, issue notice to the respondents, returnable on 08.07.2026. 2. Learned Advocate Mr. H. G. Panchal waives service of notice for Respondent No.2. 3. Call Record and Proceedings. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3